Because, as Judge Winkelmann's ruling demonstrates, the police weren't in the loop on the legal details of just why and what the armed raid was in aid of. I doubt that even Police Minister Judith Collins was sufficiently aware of what was requested and why. The order came from Key, for whatever reasons (Conspiracy Nuts need not apply).

Jeez, I'm so affronted, I have half a mind to hitch-hike to Auckland and squat in Kim Dotcom's spa pool.